"I'll be the judge of that!"

On this episode, The Job Judge discusses a case in Ohio where a plaintiff was awarded $2.12 million in damages, plus over $400,000 in attorney fees and costs after claiming that she was discriminated against based on her age during an alleged layoff during a time when the department she worked in was bulking up on younger employees. She was awarded punitive damages in part due to remarks allegedly made by management about getting employees who are “younger” and “hungrier.” The company changed its reasons for her termination. Karen offers advice for employers and HR on how to avoid these situations.

The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

"I'll be the judge of that!"

In this episode of the Job Judge we discuss sexual harassment, retaliation, constructive discharge and how the employer could have done better to avoid the case going to a jury.

The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

"I'll be the judge of that!"

Most of us need our jobs, but some behaviors will get you fired almost every time and as an employment lawyer, I’m seeing way too much of that. In this episode of The Job Judge, Karen shares the top 5 behaviors that will get someone fired in 2025 and how to avoid them. She also offers the “bonus” behavior that will likely cause a person to hit the unemployment line. This is a must-share episode with anyone you care about so they keep their job in 2025. This episode also offers advice on what do if you are currently unemployed based on a question on Reddit. Karen suggests prevention in organizations so terminations are not necessary to include training. Information on her training is found at www.karenmichaelconsulting.com. Her book, ‘Stay Hired” - a guide for anyone going to work - can be purchased at Amazon or online at Barnes & Noble.

Amazon - https://amzn.to/4gCawsl

The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

"I'll be the judge of that!"

During the COVID-19 pandemic, many employers mandated that employees receive the COVID-19 vaccine or face termination. One employee was given this directive but sought a reasonable accommodation for religion under federal law, which was denied. She was terminated for refusing to take the vaccine. She sued and a jury found in her favor to the tune of $12 million. The podcast provides advice for employers on responding to requests for accommodations based on religion. The Job Judge also discusses a post about a person who received a Performance Improvement Plan. The employee buckled down, improved and was able to overcome the PIP. The Job Judge offers her observations about how this was handled by the employer and employee.

The Job Judge Podcast is a podcast for anyone who works with a special emphasis on advice for managers and HR professionals. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

"I'll be the judge of that!"

LA County will reportedly pay $7.2 million to the family of former LA County firefighter who was shot and killed by a coworker in 2021. The murder occurred after his coworker engaged in abusive and aggressive behavior towards the slain firefighter for over 2 years, with plenty of warning signs of abuse and violent tendencies which seemingly went ignored by his superiors. In this episode of the Job Judge, we discuss the need to take complaints seriously, the importance of investigations, early intervention and courageous leadership and the reality that abusers can sometimes play the victim, and the need for leaders to not always try to find common ground - sometimes there is only one person who is the problem and that person needs to be held accountable. In our "Ask the Job Judge" segment, Karen also addresses a viewer question about HR making her monitor employee bathroom breaks as a secretary and report bathroom usage findings.

The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

"I'll be the judge of that!" Karen discusses a sexual harassment case under Title VII that took place at a plant in the Western District of Virginia. The female employee alleges that she was subjected to a hostile work environment filled with inappropriate comments and sexual references. She claimed that she reported these incidents to multiple managers and they failed to address the harassment and she experienced retaliation. The court considered whether the behavior was because of her sex, severe or pervasive enough to alter the conditions of her employment, and if the employer knew about it and failed to take action. The employer argued it was playful banter, but the court concluded that there was sufficient evidence for the case to be sent to a jury. Karen explains the crude and vulgar behavior that was alleged, and provides advice to employers and managers on how to create an environment free from harassment avoid this expensive litigation. In our "Ask the Job Judge" segment, Karen also addressed a question from Reddit about an employee's experience with work during bereavement leave and emphasized the need for better communication and sensitivity from both parties. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.

"I'll be the judge of that!" Karen discusses the implementation of Australia's right-to-disconnect law, which allows employees to refuse work-related contact outside their normal working hours. She also shares a Wall Street Journal article about an employee's death at a financial institution after working extremely long hours, sparking a debate about the culture of overworking. Karen reflects on her own experiences and emphasizes the importance of work-life balance, encouraging employers to establish clear boundaries and prioritize their employees' well-being and work/life balance. In our "Ask the Job Judge" Segment, Karen touches on the topic of appropriate dress code in job interviews, advising against wearing shorts to make a good impression, in response to a viral Tiktok video of a woman who posted about her interview experience after wearing shorts to the interview. The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization. Read Stay Hired: Thriving & Surviving in the 21st Century Workplace - https://amzn.to/4dK1yI5

"I'll be the judge of that!"

Job Accommodation Network - https://askjan.org/

In this episode of the Job Judge, Karen discusses a $22 million verdict against Wells Fargo for disability discrimination and retaliation under the Americans with Disabilities Act (ADA). She shares the story of an employee who had a disability and required reasonable accommodations. Despite getting good advice from the Wells Fargo ADA Consultant on accommodations that should be provided, the managers refused to accommodate the employee and then terminated him shortly before he was to return onsite under the guise of a restructuring. The case went to trial, and the jury awarded him $22 million in damages for disability discrimination, failure to accommodate and retaliation, as well as state law violations. Karen emphasizes the importance of the ADA and the need for employers to engage in an interactive dialogue with employees to provide reasonable accommodations. The EEOC (https://EEOC.gov) and the Job Accommodation Network (https://Askjan.org) offer resources for both employers and employees regarding reasonable accommodations under the ADA. Karen also discusses in her “ask the Job Judge” whether an employee who was planning to fly home the same day he had to work, and was a “no show” because his flights were delayed, unfairly received a written counseling.

The Job Judge Podcast is a podcast for anyone who works. This is not legal advice! Engaging and informative, it’s a must-listen/watch for any manager, business owner, HR professional, or anyone who works. Relying on three decades of experience as an employment law attorney and HR Executive, Karen Michael uses real case studies in the news and navigates through the legal landmines and workplace dysfunction that we know is probably happening right now in your organization.